ok, You guys won't believe this. The Sheriff just called and said she talked with the district attorney and he said no crime has taken place. Because he refused all the notices on the sale (foreclosure) he may not have known he did not own the place when he did the damage. Although I had told him 3 weeks prior about the sale date.
The only way is to ask him if he knew it was not his property when he did the damage. The sheriff has a call into him but he is under no obligation to call him back.
If he did it before the sale it would be civil matter for the bank and since I can't prove when it was done no crime. Even though they saw him trimming the trees. 5 days ago.
The insurance said they will come out but since they don't know when it was done they probably won't pay.
I have a call into the bank about the loan papers he signed stating that he cannot damage the property but since they don't own it anymore they will not do anything I'm sure.
So worst case for me is I spend $50k and end up with a newly remodeled home the way I wanted it and still have 100 equity in it.
So if you refuse the certified letters, you can legally vandalize the home as much as you want after the court house step sale and then leave and nothing can be done to you.
I knew I was buying as it and because I was nice and knocked on the door and few days after I saw they had a moving van and left a nice letter cash for keys was my mistake. I should have knocked at the door right after the sale and demanded to inspect the property. If they said no give them 24 hours and call the sheriff. This is what the sheriff said. Sure wish someone would have told me that before. Only thing is I would have been arrested for breaking in without the deed in my hand if they didn't answer. The good guys always loose.